CHAPTER 211. RECIPROCAL ARRANGEMENTS

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 211. RECIPROCAL ARRANGEMENTS

Sec. 211.001. LOCATION OF SERVICE FOR UNEMPLOYMENT INSURANCE

PURPOSES. The commission may enter into arrangements with an

appropriate agency of another state or a federal agency under

which an individual performing services in this and one or more

other states for an employing unit is considered to be engaged in

employment entirely in:

(1) this state;

(2) one of the other states in which the individual performs

some of the services;

(3) the state of the individual's residence; or

(4) the state in which the employing unit maintains a place of

business.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 211.002. LOCATION OF SERVICE OF STATE EMPLOYEES. (a) The

commission may enter into a reciprocal arrangement with the

appropriate agency of another state under which a state employee

who performs services in the state that is not the employing

state is considered to be engaged in employment performed

entirely in the employing state.

(b) The commission shall enter the arrangement on request of an

agency of this state that has an employee performing a service in

another state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 211.003. COMBINATION OF WAGES AND EMPLOYMENT. The

commission shall participate in an arrangement for the payment of

benefits determined by combining an individual's wages and

employment covered under this subtitle and the wages and

employment covered under the unemployment compensation laws of

another state or the United States, or both, if the arrangement

is approved by the United States secretary of labor in

consultation with the state unemployment compensation agencies as

reasonably calculated to ensure the prompt and full payment of

benefits. The arrangement must provide for:

(1) applying the base period of one unemployment compensation

law to a claim that combines an individual's wages and employment

covered under two or more unemployment compensation laws; and

(2) avoiding the duplicate use of wages and employment because

of the combination.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 211.004. OFFSET FOR OVERPAYMENT OF UNEMPLOYMENT BENEFITS.

(a) Notwithstanding any other provision of this subtitle, the

commission may enter into a reciprocal arrangement with an

appropriate state or federal agency, or both, that provides:

(1) an overpayment of benefits under this subtitle is recovered

by offset from unemployment benefits otherwise payable under the

unemployment compensation law of another state or of the United

States; and

(2) an overpayment of unemployment benefits under the

unemployment compensation law of the other state or the United

States are recovered by offset from benefits payable under this

subtitle.

(b) A procedure for notice and opportunity for a hearing that

applies to the recovery of an overpayment of unemployment

benefits paid under this subtitle applies to an offset of those

benefits under this section.

(c) In this section, "unemployment benefits" means unemployment

compensation benefits, trade adjustment allowances, and other

unemployment assistance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 211.005. INTERSTATE OR FOREIGN COMMERCE. The commission

may enter into a reciprocal arrangement with the appropriate

agency of another state or federal agency, or both, under which

service on a vessel or aircraft engaged in interstate or foreign

commerce for a single employer is considered to be performed in

this state or in another state, regardless of where the service

is performed.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 211.006. RECIPROCAL TREATMENT BY FEDERAL AGENCY. (a) The

commission may enter into an agreement with the proper agency

under an Act of Congress establishing an unemployment

compensation system to provide reciprocal treatment to an

individual:

(1) who has acquired a right to unemployment compensation under

the Act of Congress after acquiring a potential right to benefits

under this subtitle; or

(2) who has acquired a right to benefits under this subtitle

after acquiring a potential right to unemployment compensation

under the Act of Congress.

(b) An agreement under this section takes effect 10 days after

the date on which the agreement is published in the manner

provided for a rule.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.